 | 1883 - 980 σελίδες
...determine any • .iiitroversy between the parties before it, when it can be done without preju. '-e to the rights of others, or by saving their rights; but when a determina-' :'i)n of the controversy cannot be had without the presence of other parties, ''.e court... | |
 | 1888 - 1022 σελίδες
...defendant, the reason thereof being stated in the complaint," (section 382, Code Civil Proc.;) and "the court may determine any controversy between parties...without the presence of other parties, the court must then order them to be brought in," (section 389, Code Civil Proc.) The decree in this case declares... | |
 | 1918 - 1212 σελίδες
...question, although aii subsequent lienholders are in court. This makes applicable section 41, LOL: "The court may determine any controversy between parties...controversy cannot be had without the presence of other piirties, the court shall cause them to be brought in." It Is true that in Wilson v. Tarter, 22 Or.... | |
 | 1918 - 1228 σελίδες
...of the respective parties, to the waters of said stream, could not be adjudicated." ''The court muy determine any controversy between parties before it,...had without the presence of other parties, the court shall cause them to be brought in." Section 41, L. О. Ь. The defendant's affidavits In support of... | |
 | 1897 - 1148 σελίδες
...a will, and that section provides as follows: "The court may determine any controversy between the parties before It, when it can be done without prejudice...determination of the controversy cannot be had without tho presence of other parties, the court must order them to be brought in." It Is contended that this... | |
 | 1926 - 962 σελίδες
...Actions." No one of those sections gives us much light until we come to section 389. That section provides: "The court may determine any controversy between parties...without the presence of other parties, the court must then order them to be brought in, and to that end may order amended and supplemental pleadings or a... | |
 | 1912 - 980 σελίδες
...claiming, or seeking to enforce, a lien therefor. 3. Section 389, Code of Civil Procedure, provides that, "when a complete determination of the controversy...without the presence of other parties, the court must then order them to be brought in, and to that end may order amended and supplemental pleadings, or... | |
 | 1910 - 838 σελίδες
...former the court must order parties brought in and a cross-complaint may be filed for that purpose, "when a complete determination of the controversy cannot be had without the presence of (such) other parties." The controversy here was the obligation of the three defendants sued to pay... | |
 | 1925 - 948 σελίδες
...order constitutes no bar, and if, at any time prior to judgment, it is made to appear to the court that a complete determination of the controversy cannot be had without the presence of such party, we can conceive of no good reason why the court may not make such orders as will have the... | |
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The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other... 
